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Allahabad High Court

MADHUSUDAN YADAVversusTHE PRINCIPAL SECRETARY AND 3 OTHERS

Decided

Holding

The writ petition was dismissed as the matter is factual and pending adjudication in a civil suit.

Summary

The petitioner, Madhusudan Yadav, complained that a road was being cut through his land to provide access to the house of Bhanu Pratap Yadav. The High Court observed that the dispute is essentially factual and therefore beyond the scope of writ jurisdiction. It noted that a civil suit (Original Suit No. 1042 of 2023) had already been filed for the same relief. The petitioner had sought a direction to file a reply to the written statement, which had not been filed. The Court directed that the pending civil suit be decided within six months of receiving a certified copy of this order and consequently disposed of the writ petition.

Issues considered

  • Whether a writ court can interfere in a factual dispute concerning land and road construction.
  • Whether the pending civil suit bars the writ petition.

Subjects

  • writ jurisdiction
  • civil suit
  • factual dispute
  • land rights
  • court's jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 34705 of 2026

                                    Madhusudan Yadav
                                                                                                    .....Petitioner(s)
                                                                       Versus

                                    The Principal Secretary And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Vidya Sagar
                                    Counsel for Respondent(s)                          :    C.S.C.

                                    Court No. - 29
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE KUNAL RAVI SINGH, J.

                                    1. Grievance of the petitioner is that some road was being carved out on
                                    his land to connect the main road with the house of one Bhanu Pratap
                                    Yadav.

                                    2. The controversy raised in the instant writ petition is factual and this
                                    Court cannot interfere in the same.

                                    3. From the record, we find that a civil suit being Original Suit No. 1042
                                    of 2023 has been filed for the same relief.

                                    4. From the order sheet, we find that the petitioner had prayed on
                                    23.7.2026 to file a reply to the written statement which had not been filed
                                    till date.

                                    5. Be that as it may, it is directed that the Original Suit no. 1042 of 2023
                                    be decided within a period of six months from the date of presentation of
                                    a certified copy of this order.

                                    6. With these observations, the writ petition is disposed of.



                                                               (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 17, 2026
                                    PK




Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad


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